1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiff, v. EFREN MONTIEL JIMENEZ, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.

: EDCV13-02163 DSF (RZx) [PROPOSED] ORDER GRANTING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

14 COUNTY OF SAN BERNARDINO, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant.

[PROPOSED] ORDER GRANTING APPLICATION FOR TEMPORARY RESTRAINING ORDER

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE

2 TAKE NOTICE THAT, on November 26, 2013, pursuant to Federal Rule of Civil 3 Procedure 65 and Local Rule 7-19, plaintiff Efren Montiel Jimenez (Plaintiff) 4 applied ex parte for a Temporary Restraining Order and Order to Show Cause re 5 Preliminary Injunction. The Court has considered all of the papers and arguments 6 provided to the Court. 7 The Court finds that Plaintiff has a substantial likelihood of success on the 8 merits of his claim against the County of San Bernardino (the County) for 9 violation of 42 U.S.C. 1983 for the deprivation of his First Amendment right to 10 freedom of expression, that Plaintiff will suffer irreparable harm if this injunction 11 is not granted, that the balance of hardships weighs decidedly in Plaintiffs favor, 12 and that the public interest strongly favors the issuance of a temporary restraining 13 order. 14 Accordingly, the Court GRANTS Plaintiffs Application for aTemporary 15 Restraining Order pending hearing on an Order to Show Cause. 16 17 18 IT IS HEREBY ORDERED THAT: Defendant County of San Bernardino and its officers, agents, servants,

19 directors, employees, partners, representatives, and attorneys and all persons in 20 active concert or participation with the County or with any of the foregoing, during 21 the pendency of a hearing on an order to show cause re preliminary injunction, 22 shall: 23 (1) be enjoined from refusing to exhibit Plaintiffs paintings Connection 24 and Allegory and Fantasy in the San Bernardino County Government Center 25 building; and 26 (2) extend the duration of the 2013 Hispanic Heritage Month Art Exhibit for 27 the full period that this Order remains in effect. 28 1
[PROPOSED] ORDER SHORTENING TIME TO HEAR MOTION FOR EXPEDITED DISCOVERY

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IT IS FURTHER ORDERED THAT: An order to show cause shall issue, setting a hearing for ________________,

3 2013 at ____a.m./p.m. to direct the County to show why a preliminary injunction 4 should not issue (1) enjoining the County from refusing to exhibit Plaintiffs 5 paintings _____ and _____ in the San Bernardino County Government Center 6 building for the pendency of this action; and (2) extending the duration of the 2013 7 Hispanic Heritage Month Art Exhibit for the full number of days that Plaintiffs 8 paintings were unlawfully removed from the Exhibit. The Order to Show Cause 9 shall provide for the County to file responsive papers on or before 10 ____________________ 2013, and for Plaintiffs to file any reply papers on or 11 before ___________________, 2013. 12 13 14 DATED: ___________________, 2013 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
[PROPOSED] ORDER SHORTENING TIME TO HEAR MOTION FOR EXPEDITED DISCOVERY

______________________________ The Honorable Dale S. Fischer United States District Judge